Palma v. American Airlines
42 FLW D2438
The question in this case was whether the claimant's attorney was entitled to a fee payable by the employer/carrier. Claimed benefits consisted of indemnity for periods of time that were payable. According to the employer/carrier, the checks had been mailed but the claimant had not received a check until three months following the filing of a petition. According to the employer/carrier, two previous checks for these time periods had been sent to the claimant but the claimant had not received them. The question is whether the benefits in this instance were timely paid when the initial checks that were not received by the claimant were mailed.
Timeliness in the payment of benefits is determined not by the date of which the employer/carrier notified the claimant's attorney that the claim is accepted and benefits will be paid but by the date checks of payment are placed in the mail. It is presumed that mail properly addressed, stamped, and mailed is received by the addressee and proof of general office practice satisfies the requirement of showing due mailing. This presumption, however is rebuttable. The judge had ruled that the failure of the claimant to receive the missing checks was through no fault of the adjuster or carrier. Court determined that a fault-based analysis of the date the claimant actually received the checks was not proper.Order of judge denying attorney fees payable by the employer/carrier reversed.